Legal Blog

The Common Enemy

September 14, 2015

For the second time in three years, the Virginia Supreme Court has revisited the “common enemy rule” pertaining to stormwater drainage. First came the case of Kurpiel v. Hicks, in which the Supreme Court seemed to weaken that rule by overturning...

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Is Smell Still Sufficient for Probable Cause in Virginia?

August 24, 2015

As many criminal defense practitioners can attest, the typical fact pattern for a “routine” marijuana charge is your client being stopped by police for some minor traffic infraction and upon approaching the window of the car smells a distinct odor...

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Tenancy by the Entirety: A New Case Changes A Very Old Doctrine

August 11, 2015

Virginia is one of approximately 24 states that allow married couples to hold title to real estate as tenants by the entirety. Most REALTORS have probably seen deeds that grant property to married couples “as tenants by the entirety with the right...

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Virginia DUI Journal: The Breath Test, Part II

August 06, 2015

One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...

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Boundary Line Adjustments: Moving the Line is Not Enough

July 13, 2015

At some point in their careers, most REALTORS will probably run into a transaction involving a boundary line dispute. Those disputes usually arise when one of two neighboring properties goes up for sale, and the potential purchaser obtains a...

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Virginia DUI Journal: The BreathTest, Part I

June 02, 2015

One of the most common ways for the government to prove a person is driving under the influence is through the use of Virginia Code 18.2-266(i). See: https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266 This section criminalizes operating...

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Back to Fundamentals in Estate Planning: A Long Term Perspective

March 11, 2015

It has always been the case that one size does not fit all when it comes to estate planning. However, recent changes emphasize why we cannot simply use the standard plan from years past, and expect that we will achieve optimal and appropriate...

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Disclaimer Does Not Excuse Concealment

March 09, 2015

Can a seller of property be held liable for fraud for concealing a defect in the property when he has provided a residential property disclaimer statement and the buyer has had the property inspected by two different property inspectors? According...

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Tax Law – Portability & the Double Basis Step-up

February 05, 2015

We are now in an environment where estate tax planning for income tax purposes is both a real possibility and a virtual necessity to create efficient estate plans from both a transfer tax and an income tax perspective. There are several reasons...

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Assistance Animals and Fair Housing

December 04, 2014

Imagine a newly-minted real estate licensee acting as a rental agent for residential property. The agent knows the property inside and out, including all restrictions applicable to the use of the property. Those restrictions include a prohibition...

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